United States District Court for the Eastern District of Michigan; Docket No. 99-74061;
Honorable Paul D. Borman; Unpublished
Official Federal Reporter Citation: Not Applicable; Link to Opinion
Compulsory Insurance Requirements for Owners or Registrants of Motor Vehicles Required to Be Registered [§3101(1)]
Disqualification of Uninsured Owners / Operators for Noneconomic Loss [§3135(2)]
Liability for Excess Economic Loss Caused by Insured Tortfeasors [§3135(3)(b)]
In this written opinion and order, Judge Borman granted summary disposition of plaintiffs' tort claim under the amended threshold provisions of section 3135 of the act. The court dismissed plaintiffs' claim for noneconomic loss because there was conclusive evidence that the plaintiff was a co-owner and the operator of the vehicle involved in the accident and therefore, was precluded from recovering noneconomic damages under the provisions of MCL 500.3135(2)(c). Moreover, the court found that there was no evidence that plaintiff had suffered any wage loss or economic damages that would entitle him to pursue a tort claim for those out-of-pocket expenses. Therefore, the court found that plaintiffs' entire tort claim should be dismissed.